Chapter 132D — Chapter 132D

§132D-10 Permits. (a) A permit shall be required for the purchase and use of: (b) Each person may purchase a maximum of fifty permits per year; provided that this limit shall not apply to permits issued under subsection (a)(2); provided further that nothing in this section shall …

§132D-11 Fee. (a) The fee for the license required under section 132D-7 shall be $3,000 for importers, $2,000 for each wholesaler's site, $1,000 for each storage site, and $500 for each retailer's site for each year or fraction of a year in which the licensee plans to conduct bus…

§132D-12 Distribution to minors; prohibited. (a) It shall be unlawful for any person to distribute any aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks to minors, except as provided in section 132D-13. (b) Any person who violates this section shall b…

§132D-13 Liability of parents or guardians. (a) Except as provided in subsection (b), it shall be unlawful for a parent, guardian, or other person having the custody or control of any minor to knowingly permit the minor to: (b) The parent or guardian may allow the minor to use co…

§132D-14 Penalty. (a) Except as provided in subsections (b) and (c), any person: (b) Any person who would otherwise be subject to sentencing for a criminal offense under subsection (a) shall be guilty of an offense one class or grade higher, as the case may be, than that provided…

§132D-14.5 Liability of homeowner, renter, or person otherwise responsible for real property. (a) Except as provided in subsections (b) and (c), a homeowner, renter, or person otherwise responsible for real property who intentionally, knowingly, recklessly, or negligently: (b) An…

§132D-15 Notice requirements. Each licensed retail outlet shall post adequate notice that clearly cautions each person purchasing consumer fireworks of the prohibitions, liabilities, and penalties incorporated in sections 132D-12, 132D-13, 132D-14, and 132D-5.5. [L 1994, c 180, p…

§132D-16 Permit for display. (a) Any person desiring to set off, ignite, or discharge aerial devices, display fireworks, or articles pyrotechnic for a display shall apply to, and obtain a permit as required by section 132D-10, from the county not less than twenty days before the …

§132D-16.5 Labeling of display fireworks. (a) This section shall apply to any display fireworks, articles pyrotechnic, or aerial devices used for a display. (b) Each shell, mine, comet, and multiple tube device, such as finale or barrage boxes, roman candle batteries, or cakes, s…

§132D-17 REPEALED. L 2010, c 170, §2.

§132D-17.5 County ordinances. (a) Nothing in this chapter shall be construed to supersede or in any manner affect a county fireworks ordinance; provided that the ordinance is at least as stringent in the control or prohibition of aerial devices, articles pyrotechnic, consumer fir…

§132D-19 REPEALED. L 2000, c 233, §17.

§132D-2 Definitions. As used in this chapter unless the context requires otherwise: "Aerial device" means any fireworks that upon ignition, discharge, or otherwise being set off rises more than twelve feet into the air and then combusts, explodes, deflagrates, or detonates in the…

§132D-20 Enforcement; probable cause for arrest. (a) This chapter shall be enforced by the department of law enforcement or each county. The department of law enforcement and counties, or both, are authorized to enforce and administer the provisions of this chapter. (b) Arrests f…

§132D-21 Health care facilities; report of fireworks and articles pyrotechnic incidents. (a) Health care facilities in this State shall report all incidents of serious injuries and fatalities caused by legal and illegal aerial devices, articles pyrotechnic, consumer fireworks, or…

§132D-22 Entry onto premises; inspection of premises, books, and records; obstructing inspector operations; penalty. (a) Any inspector may, at reasonable hours, enter and inspect the premises of a licensee or permittee and any relevant books or records therein to verify complianc…

§132D-3 Permissible uses of consumer fireworks. Consumer fireworks may be set off, ignited, discharged, or otherwise caused to explode within the State only: provided that the purchase of not more than five thousand individual consumer fireworks commonly known as firecrackers sha…

§132D-4 Permissible uses of display fireworks, articles pyrotechnic, and aerial devices. (a) Display fireworks, articles pyrotechnic, and aerial devices may be purchased, set off, ignited, or otherwise caused to explode in the State only if for display and permitted in writing pu…

§132D-5 General fireworks or articles pyrotechnic prohibitions in the first degree. (a) It shall be unlawful for any person to: (b) Except as provided in subsections (c) and (d), the offense of general fireworks or articles pyrotechnic prohibitions in the first degree shall be a …

§132D-6 Exceptions. The prohibitions in sections 132D-5, 132D-5.1, and 132D-5.4 shall not apply to:

§132D-7 License or permit required. A person shall not:

§132D-8 Application for license. (a) All licenses required under section 132D-7 shall be issued by the county and shall be nontransferable. Licenses to import shall specify the date of issuance or effect and the date of expiration, which shall be March 31 of each year. The applic…

§132D-8.5 Importation of aerial devices, display fireworks, or articles pyrotechnic for display. Aerial devices, display fireworks, or articles pyrotechnic shall only be imported and stored, if necessary, in an amount sufficient for an anticipated three-month inventory; provided …

§132D-8.6 Requirements of licensee. (a) Any person who has obtained a license required pursuant to section 132D-7 and ships fireworks or articles pyrotechnic into the State shall: (b) The department of law enforcement or fire department of a county, in which a shipment of firewor…

§132D-9 Application for permit. (a) The permit required under section 132D-10 or 132D-16 shall be issued by the county or its authorized designees and shall be nontransferable. The county or its authorized designees shall issue all permits for which complete applications have bee…